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Raiser & Kenniff’s team of DEA order to show cause hearing defense lawyers are available 24/7 to help you with any issues pertaining to the DEA you may have. The DEA administers and enforces the Controlled Substances Act of 1970. It’s their federal obligation to ensure physicians, and all other dispensers of controlled substances do so responsibly in accordance with this law. The DEA requires the registration of individual and businesses who are distributing, exporting, or importing, substances listed in the Controlled Substances Act. The DEA’s job is to regulate and administer these businesses – and divides them into two categories: Retail Registrants and Wholesale Registrants. There are ~1.5 million retail registrants. Examples of retail registrants that require DEA registration include: Colleges, Doctors, Dentists, Nurses, Pharmacists, etc. The following wholesale registrants may require DEA registration: Analytics Labs, Distributors, Exporters, Importers, Narcotic Treatment Programs, Pharmaceutical companies, Researchers, and Reverse Distributors. A DEA registration is also known as a DEA Certificate of Registration, or also known as a DEA Registration Certificate.
Administrative DEA investigations can also result in a DEA registrant action hearing, which is known as a DEA show cause hearing. The result of a DEA show cause hearing can result in a DEA registration suspension order and in addition a DEA registration revocation order. DEA Show Cause Hearings are initiated pursuant to a DEA Administrative Investigation. DEA staff attorneys file a registrant action, against a DEA registrant. Alternatively, registrant actions are also known as DEA show cause hearings / DEA order to show cause hearings. DEA Administrative Registrant Action proceedings are governed by the US Code of Federal Regulations 21 C.F.R. § 1301.31-1301.46 and 21 C.F.R. § 1316.41-1316.68.
According to 21 C.F.R. § 1301.43(a), the DEA registrant has 30 days from receipt of the DEA Registrant Action, in order to file a request for a DEA hearing. An ALJ – Administrative Law Judge, employed by the DEA Office, will preside over the case. DEA Show Cause hearings are held in Arlington, Virginia, Washington DC, or in a location close to the DEA registrant.
If you are a healthcare provider, then we encourage you to contact our DEA show cause hearing defense lawyers immediately for help.
The DEA Administrative show cause hearing is a traditional hearing where evidence can be presented. DEA Registrant Action Hearings follow traditional Federal Rules of Evidence rules, and are conducted according to the US Administrative Procedure Act. The DEA Staff Attorney, is there to represent the governments interest – and are there to prosecute any perceived violations by the DEA registrant. The DEA staff attorney is not there to provide you with legal advice, or to help you. Furthermore, the Administrative Law Judge will also refrain from providing any legal help to the DEA registrant. As a result, if you’re a DEA registrant facing a DEA order to show cause hearing – then you should hire a DEA registration defense lawyer to represent your hearings at a DEA Show Cause hearing. There are several steps in a DEA registrant action:
Discovery: The DEA Staff Attorney will provide all evidence the DEA has against the registrant. The DEA registrant has to provide a witness list, exhibit list, and all/any evidence he/she is going to use at the DEA Show Cause Hearing to the DEA Staff Attorney / ALJ. The process is called discovery. Failure to abide, could mean the ALJ can prohibit use of materials not provided at the hearing.
Prehearing Statement: The ALJ will ask for a pre-hearing statement from both the DEA staff attorney and the DEA registrant. The DEA is required to submit their statement first, followed by the DEA registrant. The statement has to contain information about the issues facing the DEA registrant, and has to consist of facts and a conclusion of the law.
Motion for Summary Disposition: If the registrant’s state license to practice has been suspended or revoked, then the DEA can fille a Motion for Summary disposition. If the DEA Registrant’s state license isn’t valid, the the DEA registrant isn’t entitled to hold a DEA certificate of registration. The ALJ can grant the motion for summary disposition.
Prehearing Conference: Prehearing conferences will be done by an LJ. The conference can be in person, or videoconference. The ALJ will bring both sides to a settlement. If the discussion fails, then ALJ will set dates for a show cause hearing, discovery cut off, and filing of the post hearing brief.
Settlement: In most cases, settling with the DEA is possible. This is known as a DEA Administrative Memorandum of Agreement. The settlement requires the DEA registrant to admit liability to one or more allegations, and to accept limitations and prohibitions.
Hearing: The DEA Administrative Show Cause Hearing will go according to the Administrative Procedure Act and the US Code of Federal regulations. Administrative DEA hearings typically adhere to the Federal Rules of evidence. Both the DEA and DEA registrant have rights, such as making an opening statement, presenting witnesses, presenting documentary evidence, and making close arguments. Each side has the right to cross examine the other’s witnesses. If your case is at this stage, you need a DEA registrant action lawyer to represent you in a DEA Show Cause hearing, in order to present your case and defend your DEA registration certificate.
Post Hearing Brief: After the hearing is done, the DEA and DEA registrant can submit a post hearing brief, to the ALJ. It will contain findings of fact and conclusions of law.
ALJ’s Decision: The ALJ will have to issue a written recommended decision, within a timely manner. The recommended decision has to have facts and legal reasons for the findings of the ALJ. The decision is only a recommendation; it has to be approved by the agency director, in this case the DEA Administrator / DEA Deputy Administrator. The DEA and the DEA registrant can file exceptions to the ALJ’s recommended decision. Exception have to be filed within 20 days of the ALJ’s decision. Exceptions can be filed to the ALJ’s recommended decision, or to the other party’s Post Hearing briefs.
DEA Administrator Final Decision: The ALJ recommended decision is forwarded, with relevant documents, to the DEA administrator. The administrator makes a final decision. The administrator can adopt, modify, or completely reject the ALJ’s decision. This decision from the administrator represents the end of the DEA Administrative Law Show Cause hearing process.
The DEA registrant can appeal the final decision to the US Circuit Court of Appeals. If you’re facing a DEA Show Cause Hearing, then we encourage you to contact our DEA Registration Defense Lawyers for legal help.
The DEA can issue a show cause or impose an interim suspensions order for a number of reasons. An interim suspension order means the DEA registrant cannot engage in any action related to items controlled by the Controlled Substances Act. Below are the most common violations by DEA registrants that can result in DEA Administrative actions:
The DEA has thousands of staff members focused on investigating, and handling, everything relating to controlled substances. In the past 10 years, the emphasis has shifted to prescription drug abuse, and healthcare providers prescribing large sums of narcotics/steroids. The DEA specifically targets pain management clinics, known as pill mills. In Pill Mills, doctors/physicians, have been known to do minimal pain management and have instead gone straight to prescribing large sums of pain medication, specifically: Schedule II and III narcotics.
Wholesale distributors, are also becoming targets of DEA enforcement investigations. These distributors are known as Internet Pharmacies. It involves a cyber doctor, who provides no consultation or minimal consultation to a patient. The patient then gets a prescription narcotic in the mail from the internet pharmacy. Federal law prohibits the purchasing of controlled substances without a valid prescription. This prescription isn’t valid, unless there’s a consultation between a physician and patient. As a healthcare provider, you could be investigated and face a DEA registrant action, which will require you to contact our DEA Administrative Investigations Defense Lawyers for legal help.
If you’re a healthcare professional whose denied a DEA registration, then you can file an Appeal of the DEA registration denial. This follows the same process/procedure as a standard DEA show cause hearing. We can help.
It’s possible for a settlement between the DEA, and a DEA registrant in an action. Settlements often occur prior to the Show Cause hearing, but can also happen after the ALJ issues a recommended decision. DEA Settlements that occur between the DEA and the healthcare provider are called DEA Administrative Memorandum of Agreements. Known as a MOA, it requires the registrant to admit some liability. The registrant will also face some sort of disciplinary order as well.